Contracting party profile

Proceedings

Since the Law on Public Sector Contracts (LPSC) came into force and in accordance with Article 3 of said law, MERCABARNA forms part of the public sector, being an awarding power but not a public administration. This subjective condition of non-public-administration awarding power determines the LPSC application in MERCABARNA.

Consequently, in the awarding of contracts not subject to agreed-upon contracting, MERCABARNA, in accordance with Article 175 of the LPSC, shall be subject to its internal contracting instructions approved by the company's board of directors on 22 July 2008 to guarantee the principles of publicity, concurrence, transparency, confidentiality, equality and non-discrimination inspired in all public contracting, established in this law, while contracts subject to agreed-upon contracting shall be subject to the law for the non-public-administration public sector, specifically Article 174 of the LPSC.

Similarly, in both agreed-upon and non-agreed-upon contracting, MERCABARNA shall sign private contracts with successful bidders in accordance with Article 20 of the LPSC.

The jurisdiction for the entire awarding procedure in contracts not subject to agreed-upon contracting, together with the effects, completion and extinction of all private contracts, shall be ordinary jurisdiction, whereas for preparatory documents through to awarding in contracts subject to agreed-upon contracting, the applicable jurisdiction shall be contentious-administrative jurisdiction.